On February 2,2023, Vincent Nagler secured a unanimous defense jury verdict before Judge Rolf Thorsen, Supreme Court Rockland County.
This wrongful death case involved a decedent that suffered from diabetes and end stage renal disease. The plaintiff claimed that the decedent should not have been discharged from the emergency room after presenting with an open wound on his right foot. Plaintiff argued that the decedent had a diabetic foot wound which required immediate hospitalization and intravenous antibiotics.
The decedent subsequently returned to the hospital five days later and ultimately required an amputation of his right foot and left leg before he expired.
Mr. Nagler successfully argued that the decedent’s surgical interventions and death were the result of ongoing disease process, which included severe peripheral vascular disease, and not any deviation from the standard of care.